OFFICIAL RULES – TWEEZE IN THE DARK LIGHTED TWEEZER Promotion
1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Tweeze In The Dark Promotion (the “Promotion”). A purchase will not increase your chance of winning the Promotion. By entering the Promotion, you consent to being placed on a mailing list for promotional and other materials for Company (as defined below herein) unless you subsequently opt out by clicking on the unsubscribe link in the email. To enter the Promotion, you must upload a photograph to the Tweeze In The Dark website app (www.tweezerman.com/tweezeinthedark) during the Promotion Period (as defined below herein). The Promotion begins at 9:00 am EST on January 26th, 2017 and ends 11:59 pm EST on February 20th, 2017 (“Promotion Period”).
Only one photograph entry per Entrant (as defined in Paragraph 3 herein). Winner (as defined in Paragraph 3 herein) will be selected by Company based on creativity on or around February 20th, 2017 from all photographs properly posted during the Promotion Period. Tweezerman International, LLC (“Company”) computer will serve as the official time keeping device for this Promotion. All entries submitted become the sole property of Company and will neither be acknowledged nor returned.
2. ELIGIBILITY: From the official time and date of the start of the Promotion Period through the final date of prize fulfillment, entrant must be a lawful permanent U.S. citizen, currently residing in the 48 contiguous United States or the District of Columbia. Entrant must also be 18 years of age or older as of the official time and date of the start of the Promotion Period. The Promotion is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Promotion shall be governed by laws of the United States. Employees of Company and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.
3. WINNER SELECTION AND NOTIFICATION: The potential prize winner will be selected from all eligible entries received during the Promotion Period (each an “Entrant”) on or around February 20th, 2017, as fully stated in section 1 above, by Company whose decisions are final and binding in all respects (“Potential Prize Winner”). Odds of winning the Prize (as defined herein) depend on the number of eligible entries received. Potential Prize Winner will be notified via email or Instagram. Failure of Potential Prize Winner to respond to such notification within 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternate Potential Winner”). Alternate Potential Winner shall be contacted as soon as practicable and shall also have 48 hours to respond. Company reserves the right to modify the notification procedures in connection with the selection of any Alternate Potential Winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).
4.1 Grand Prize Winner will receive the following (1) Expertweeze Lighted Slant Tweezer and (1) $250 ULTA Gift Card, (10) runners-up will win (1) Expertweeze Lighted Slant Tweezer (“Prize”). The approximate retail value (“ARV”) of the Grand Prize is $277.00. The approximate retail value (“ARV”) of the Runner-Up Prize is $27.00. This Promotion is in no way sponsored, endorsed or administered by, or associated with ULTA.
4.2 Prizes are non-transferable and no substitution will be made except as provided herein and at Company’s sole discretion. Company reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
4.3 Limit one (1) Prize per person/household. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize and are the sole responsibility of the Winner.
5. General Prize Conditions: Payments of all federal, state and local taxes are solely the responsibility of the Winner. Winner will be required to complete and submit an IRS form W – 9 to Company indicating the Winner and full Social Security Number or equivalent for the receipt of any Prize awarded by Company in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize.
7. PROMOTION CONDITIONS - VOID WHERE PROHIBITED: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Company and waive any and all right to claim ambiguity in the Promotion or these Official Rules. You also agree to release, discharge, indemnify and hold harmless the Promotion Entities and Instagram and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. Company may rescind any promotion found to contain such errors without liability at its sole discretion. THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
8. RESTRICTIONS - VOID WHERE PROHIBITED: Company shall not be liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply the Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Company’s sole control. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. LIMITATION OF LIABILITY: Promotion Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Company reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by Company up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from Company. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
10. JURY TRIAL WAIVER: EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
13. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to firstname.lastname@example.org. In the subject of the email, type “Tweeze In The Dark Promotion – Winners List”. Company shall only release the first name, the last initial and state of residence of the winner to those requesting this information.